Part 71

The U.S. Environmental Protection Agency for the first time ever delegated authority to a tribe to administer the federal Title V operating permits program (Part 71). On October 15, 2004, EPA Region 9 and the Navajo Nation EPA (NNEPA) entered into a Delegation of Authority Agreement ("Agreement") which specifies the terms of the delegation. The tribe will take over Title V permitting responsibilities for twelve existing major stationary air pollution sources on the reservation. Under the agreement, Region 9 will continue to oversee the Part 71 permits for the Navajo Generating Station and the Four Corners Power Plant. Region 9 has also determined that the NNEPA meets the eligibility requirements for treatment in the same manner as a state ("TAS") for the purpose of entering into the Agreement and has waived our collection of Part 71 permit fees for those sources covered by the Agreement in light of our determination that NNEPA can collect fees under tribal law sufficient to fund the delegated Part 71 program. A copy of the Agreement and related documents are attached below.

Air Permit Program Delegations

There are two ways that an air agency in Region 9 can get the authority to
issue PSD permits. An agency may submit PSD rules to EPA for approval into
the State Implementation Plan (SIP). Or EPA may
delegate PSD authority to an agency via a PSD Delegation Agreement. The following
list summarizes PSD authority in Region 9. (Contact
information).